SPR - May 2000 Headlines & Topics


MAY 2000

Overview of topics...

Lead Note:

UNAVAILABILITY OF PRELIMINARY INJUNCTION TO STOP DEFENDANT'S TRANSFER OF ASSETS DURING MONEY ACTION POINTS UP IMPORTANCE OF OTHER PROVISIONAL REMEDY: ATTACHMENT--Part II (concluded)

General Practice:

Affidavit of Merits Not Necessary on Motion to Restore to Calendar If Default Didn't Cause Striking
Insurer Pays Whole Policy Into Court Where Verdict Exceeds Policy
By Getting P Not to Assert Against Non-Settlor Any Claim That Could Involve Indemnity, Settlor Insulates Itself from All Exposure
No Preclusion Against D Despite Failure to Particularize Culpable Conduct Defense
Lesser Showing Needed for Injunction in Connection with Arbitration
Henry Case Still Producing Fallout: Are Plaintiffs' Lawyers Reading Too Much Into Its Reversal?

Federal Removal:

Pitfalls in Demanding Jury Trial in Removed Case
Failure to Serve State Clerk Doesn't Deprive Federal Court of Subject Matter Jurisdiction

Open Citations:

Millson (Issue 89:page 2): 266 A.D.2d 918, 697 N.Y.S.2d 435.
McCrossan (89:4): 265 A.D.2d 875.
Allen (90:2): 266 A.D.2d 782, 699 N.Y.S.2d 166.
New Medico (93:2): 267 A.D.2d 757.

ARTICLE HEADLINES

FEATURE ARTICLE:
UNAVAILABILITY OF PRELIMINARY INJUNCTION TO STOP DEFENDANT'S TRANSFER OF ASSETS DURING MONEY ACTION POINTS UP IMPORTANCE OF OTHER PROVISIONAL REMEDY: ATTACHMENT--Part II (concluded)

GENERAL PRACTICE

CPLR 3404 SITUATIONS:
If Striking from Calendar Was Not Due to P's Default, Affidavit of Merits Is Not Needed on Motion to Restore

PAYMENT INTO COURT:
Liability Insurer Allowed to Pay Into Court Policy Maximum of $300,000 Although Verdict Is $1.3 Million

EFFECT OF TORT SETTLEMENT:
Settlor Insulates Itself Entirely by Having Plaintiff Stipulate Not to Assert Any Claim Against Non-Settlor That Could Involve Indemnification

PRECLUDING PRECLUSION:
If D's Failure to Serve Bill of Particulars of Defense Is Just "Oversight", D Not Barred From Using Defense at Trial

PROVISIONAL REMEDIES IN ARBITRATION:
Equity Showings Needed for Preliminary Injunction in Litigation Are Not Necessary for Arbitration

NEW HENRY FALLOUT:
Court of Appeals Reversal of Henry Doesn't Assure Leave to File Late Notice of Claim for Infant

FEDERAL REMOVAL

JURY DEMAND IN REMOVED CASE:
Pitfalls in Demanding Jury Trial in Case Removed to Federal Court

WHEN IS CASE "REMOVED"?:
Case Falls Into Federal Jurisdiction Even If Required Notice Not Served on State Court